Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3077)

BRC PILING & FOUNDATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 OCTOBER 2024

Application for approval of the BRC Piling & Foundations Pty Ltd and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the BRC Piling & Foundations Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 7 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and BRC Piling & Foundations Pty Ltd. The agreement, which spanned from 2023 to 2027, was a subject of negotiation between the two parties, seeking to establish terms and conditions of employment. The application was brought forth by the CFMEU, aiming to have the agreement formally recognised and enforceable under the Fair Work Act 2009.

The legal issues central to the application were whether the collective agreement met the statutory requirements for approval, including compliance with the good faith bargaining obligations, and whether it adhered to the provisions of the Fair Work Act. Furthermore, the court needed to assess if the agreement provided fair and reasonable terms for the employees and whether it was negotiated in good faith. The CFMEU argued that the agreement reflected the needs of the workforce and provided adequate protections and benefits, while BRC Piling & Foundations Pty Ltd contended that certain clauses were not reasonable and should be disregarded.

The Commission examined the provisions of the agreement and the processes that led to its negotiation. It found that the agreement was the result of genuine and good faith bargaining, and that the terms were reasonable in the circumstances. The Commission highlighted that the agreement provided a comprehensive framework that balanced the interests of both the employer and the employees. It concluded that the agreement was fair and met all statutory requirements for approval. Consequently, the Commission approved the collective agreement, confirming its validity and enforceability under the Fair Work Act.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established